Speirs v. Roberts
Michigan Supreme Court
Appeal from Wayne. (Brevoort, J.) Bill by residuary legatee to compel guardian of minor heirs to indorse to her a certificate of deposit. Defendants appeal.
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Appeal from Wayne. (Brevoort, J.) Bill by residuary legatee to compel guardian of minor heirs to indorse to her a certificate of deposit. Defendants appeal. The facts are stated in the opinion. 1. The money belongs to Mrs Speirs; citing Jones v. Jones, 25 Mich. 401; Proctor v. Robinson, So Id. 284; Hogan v. Hogan, 44 Id. 147; Norris v. Harris, 15 Oal. 236; Davis v. Mailey, 134 Mass. 588; Dutch Church v. Smocle, 1 N. J. Eq. 148; Kendall v. Kendall, 36 Id. 91; Wead v. Gray, 78 Mo. 59. £. As between the estate and Mrs. Speirs, the money should be paid to her; citing Hamley v. Gilbert, Jac. 354;…
1Opinion of the CourtLong, J.
We take the following statement of facts from the brief of counsel for defendants:
This is a controversy over a fund of $26,559.09, between the widow and infant children of Christopher R. Mabley, deceased. Mr. Mabley died testate, June 30, 1885. By his will he bequeathed to his wife $75,000 in money; to his daughter Katharine, $50,000 in mon'ey; to his daughter May, $40,000 in money; and to each of the infant defendants, $37,500 in money. He also devised to his wife his homestead on the corner of Woodward and Holden avenues, Detroit, and $25,000 of government bonds ; and to the four infant…
2Cited by1 opinion
- Wisner v. Estate of MableyMichigan Supreme Court · 1889